Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.845 of 2022 ====================================================== Mukesh Paswan S/o Shiv Shankar Paswan, R/o Vill. - Rampur, P.S. - Runnisaidpur, Dist. - Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.

2.

The Principal Secretary, Home Department, Government of Bihar, Patna. 3.

The District Magistrate, Sitamarhi.

4.

The Superintendent of Police, Sitamarhi.

5.

The Officer In Charge of Runnisaidpur Police Station, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Bihari Tiwary, Advocate For the Respondent/s :

Mr. Md. N.H. Khan, SC- 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2026 Heard learned counsel for the parties.

2. The petitioner has filed the instant application for the following reliefs:

"1. (I) For issuance of an appropriate writ in the nature of "mandamus"

directing and commanding the respondents authorities to provide the appointment to the petitioner on the post of Chowkidar in place of his father in light of stipulation present at clause 3(II) (Ka) of the notification bearing no. 1896 dated 05.03.2014.

Patna High Court CWJC No.845 of 2022(4) dt.18-03-2026 2/2 (II) For issuance of any other relief or reliefs for which the petitioner is entitled for."

3. At the outset, it is submitted by learned counsel for the respondents that the notification dated 5.3.2014 on which the petitioner is placing reliance was the subject matter of the case in Devmuni Paswan vs. State of Bihar & Ors.; 2023 (2) PLJR 425 and this Court by its judgment dated 25.2.2023 set aside the said provision as being violative of Articles 14 and 16 of the Constitution of India. It is further submitted that SLP(C) no. 18983 of 2023 (Bihar Rajya Dafadar Chaukidar Panchayat (Magadh Division) vs. State of Bihar and Ors.) preferred against the judgment of this Court in Devmuni Paswan (supra) has also been dismissed by order dated 19.3.2025.

4. In view of the facts and circumstances of the case and the matter having been settled up to the Hon'ble Supreme Court, the Court finds no merit in the instant application.

5. The application is dismissed.

(Partha Sarthy, J) sauravkrsinha/- U